Fill and Sign the Ny Instructions for Form

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF NEW YORK NAME CHANGE MINOR PACKET Control Number – NY -NAME-2A This packet contains the following: 1. Instructions ; 2. Forms List ; and 3. Law Summary . I. EXPLANATION OF PETITION FOR CHANGE OF NAME A. In New York, an action for a court ordered Change of Name of a Minor begins with the fling of a Petition in the in the County Court or the Supreme Court of the county in which the minor resides, or, if they reside in New York City, either with the Supreme Court or to any branch of the Civil Court of the City of New York. The Petition can be fled by a parent or parents, a general guardian, or nett friend of the Minor. The Petition must contain certain information. The forms in this packet include the necessary information for a Minor Name Change in the State of New York. B. You can use this packet if: ► The person whose name is to be changed is less than 18 years of age. ► There is no reasonable objection to the requested change of name. ► You are not changing the minor’s name to avoid debts or defraud creditors. II. WHAT FORMS ARE INCLUDED A. Petition for Change of Name - (NY-NC-201A) This document states the reasons and other required details for your name change. B. Certifcate of Service – (NY-NC-202A) This document provides proof of service of the Petition for Change of Name on any necessary parties. C. Order of Name Change - (NY-NC-203A) This is the fnal statement of the legalities and terms of your name change. Once this form is signed by the Judge and fled with the court, the name change is efective. D. Publication Notice – (NY-NC-204A) Notice that you intend to seek a name change for publication purposes. E. Affidavit of Publication - (NY-NC-105A) This form provides proof of publication of the Notice of Filing. F. Affidavit of Due Diligence - (NY-NC-207A) This document provides the court with information about eforts to notify or contact a non- participating parent or guardian. G. Consent of Parent - (NY-NC-208A) This form provides written consent of a parent or guardian to the changing of a minor's name. H. Consent of Parent - (NY-NC-209A) This alternate form provides written consent of a parent or guardian to the changing of a minor's name. I. Request for Judicial Intervention – (NY-NC-200A) This document provides the Court with certain required information. If you did not order a completion package and need access to the download page again for any of the above forms, please check your email for a link to that will redisplay the page for you. III. PROCEDURE FOR CHANGE OF NAME (MINOR) FOR THE STATE OF NEW YORK A. Preliminary Note: 1. The attached forms may be completed by: a. Printing the forms and completing by hand. Use black ink and print neatly. b. Printing the forms and completing using a typewriter. c. By completing the forms on your computer using a word processing program and then printing the forms. 2. Use complete names and not initials. Check your spelling carefully, a misspelled word can delay your name change. 3. Print three (3) complete sets of forms. 4. All forms with a heading – the name of the court, the Petitioner’s name, the case number, and the name of the document – require that the heading be completed. You will need to add the name of the court and the full name of the Petitioner. The “Indet No.” will be assigned by court clerk at the time of fling. 5. Forms that require your signature and include a notary block MUST be signed in the presence of the notary or court clerk who will complete the acknowledgement. Use your complete name – frst name, middle name, last name. 6. The following will be required for the initial fling: a. If the Minor was born in the State of New York , an Original or Certifed Copy of Birth Certifcate; b. Self-Addressed/Stamped Envelope; c. Original and Copy of Name Change Order & Petition; d. Request for Judicial Intervention form in Triplicate (Original & 2 copies) no fee necessary; When a form is fled with the court, request the clerk “fle- stamp” one copy of the form for your fle. 7. A Law Summary has been included at the end of this form packet. Review the Law Summary before beginning the process of completing the forms. B. Procedure Step 1: Complete all the forms using complete names – middle names instead of middle initials. Step 2: File the Request for Judicial Intervention, Petition, Order, and pay the necessary fee in the in the County Court or the Supreme Court of the county in which they reside, or, if the minor resides in New York City, either with the Supreme Court or to any branch of the Civil Court of the City of New York. Note that all applications for change of name by persons born in the state of New York shall have attached to such petition either a birth certifcate or a certifed transcript thereof or a certifcate of the commissioner or local board of health that none is available. Step 3: Notice of the time and place when and where the Petition to change the name of a minor will be presented must be served, in like manner as a notice of a motion upon an attorney in an action, upon (a) both parents of the infant, if they be living, unless the petition be made by one of the parents, in which case notice must be served upon the other, if he or she be living, and (b) the general guardian or guardian of the person, if there be one. But if any of the persons required to be given notice by this section reside without the state, then the notice required by this section must be sent by registered mail to the last known address of the person to be served. If it appears to the satisfaction of the court that a person required to be given notice by this section cannot be located with due diligence within the state, and that such person has no known address without the state, then the court may dispense with notice or require notice to be given to such persons and in such manner as the court thinks proper. Step 4: If the court to which the petition is presented is satisfed thereby, or by the affidavit and certifcate presented therewith, that the petition is true, and that there is no reasonable objection to the change of name proposed, the court shall make an order authorizing the petitioner to assume the name proposed. Step 5: The Order will also direct the publication, at least once, within twenty days after the making of the order, in a designated newspaper in the county in which the order is directed to be entered of a notice giving notice of the Order and where and when it may be etamined by members of the general public. The Clerk will direct you to the appropriate newspaper for publication of the Notice of Name Change. Step 6: After the Notice has been published an Affidavit of Publication must be fled with the Court. The Affidavit of Publication must be fled within 45 days of the issuance of the Order of Name Change. The Affidavit of Publication verifes that the Order of the Court has been complied with and once the Order has been fully complied with the Petitioner is free to assume their new name. Note that an Afdavit of Publication form is included in this package, but many newspapers supply their own form. NOTE ABOUT COMPLETING THE FORMS The forms in this packet contain “form felds” created using Microsoft Word. “Form felds” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand. If you do not see the gray shaded form felds, go the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a shaded letter “a”. Click in this button and the form felds will be visible. The forms are locked which means that the content of the forms cannot be changed. You can only fll in the information in the felds. If you need to make any changes in the body of the form, it is necessary for you “unlock” or “unprotect” the form. IF YOU INTEND TO MAKE CHANGES TO THE CONTENT, DO SO BEFORE YOU BEGIN TO FILL IN THE FIELDS. IF YOU UNLOCK THE DOCUMENT AFTER YOU HAVE BEGUN TO COMPLETE THE FIELDS, WHEN YOU RELOCK, ALL INFORMATION YOU ENTERED WILL BE LOST. To unlock click on “Tools” in the Menu bar and then selecting “unprotect document”. You may then be prompted to enter a password. If so, the password is “uslf”. That is uslf in lower case letters without the quotation marks . After you make the changes relock the document before you being to complete the felds. After any required changes and re-protecting the document, click on the frst form feld and enter the required information. You will be able to navigate through the document from form feld to form feld using your tab key. Tab to a form feld and insert your data. If problems, please let us know. LAW SUMMARY The law summary for this package may be located and printed from the following address: http://www.uslegalforms.com/ny/NY-NAME-2A.htm DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of New York. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, etpress or implied, as to their legal efect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products ofered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.